black v rsb equity group llc summons and complaint

8/12/2019 Black v RSB Equity Group LLC Summons and Complaint

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2:12-cv-11671-GER-LJM Doc # 9-2 Filed 01/10/13 Pg 1 of 12 Pg ID 314:12-cv-11671-GER-L..lM Doc 3 Filed 04/16/12 Pg 1 of2 Pg ID 14II

UNITED STATES DISTRICT COURT

Lmvrcncc T Black,

v.RSB Equny Group. LLC. ct al .

To: RSB Equity Group. LLC

for theEasLern DistricL of Michigan

Plai111((/.

Defendum.

CuscNo. 4:12 c\ 11 67 1- Gl:R-LI .vlI Ion. Gera ld E. Rosen

S C ~ L \ A CI VIL C T T O ~

/\ luwsu ir has been lilcd n s l you.Within 21 days after \cnicc or this summons on you {not counting the da) you received 11) - or 60 days if younrc the United States or a nitcd StJtc:. ogem.:). or an o llicribed in Fed. R.Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff a arnwcr to the attuchcd complai or a motion under Ru ic I2of the Federal Rules of Ci\ ii Procedure. The answer or motion must be served on the plui111i IT or plain ti rrs anomcy.who e name and address

Rex C. Anderson9459 Lapeer RdSuite I0 IDavison. i\rll48423

ff you fo ll to respond. judgment by ddault mny be entered against you for the re lier demanded in the complain t Youal o must tile your answer or motion with the coun.

DA1 1DJ. WEAVER. CLER/..OFCOURT By: : 1 K KmwczvkSigna111ri n Clerk or e p u ~ ClerkDate of Issuance: April 16. 20 I2

EXHI IT

I e


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UNITED STATES DISTRICT COURTASTl. :RN DISTRICT Olt MICHJGANLA \.\'RENCE BLACK,

Plaintiff.VsRSB EQU ITY GROUP. LLC AND CYNTHIAPHILIPS, Jointl y


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of Consumer which the Fair Debt Collection Practice Act was intended to protect under 15 U.S.C. 1692a(3).

5. Defendant, RSB Equity Group, LLC, (hereinafter RSB ) is, based upon information and belief, aGeorgia Limited Liability Company and a collection agency operating from an address of 599WEST CROSSVILLE ROAD, Suite 110, ROSWELL GA 30075, with Stephen Minisk named asit registered agent, and is a debt collector as that term is defined by 15 U.S.C. l 692a(6 .

6. Defendant, Cynthia Philips, (hereinafter PHILLIPS ) is believed to be a natural person employedby Defendant RSB as a collection agent and is a debt collector as that tenn is defined by 15U.S.C. 1692a(6).

FACTUAL ALLEGATIONS

7. Sometime within the past 3-5 years, on information and belief, Plaintiff BLACK incurred a payday loan from Cash Advance Network which was used for consumer related purchasesprimarily for personal, family, or household purposes and is therefore a debt as that tenn isdefined y 15 U.S.C. 1692a(5).

Collectio11 Activities Occ11rred on Marcil 20 2 128. Based upon information, belief and knowledge, sometime during the month of March 2012, the

alleged debt of Plaintiff BLACK was consigned, placed or otherwise transferred to DefendantRSB for collection.

9. Thereafter, Defendant RSB. by and through its employee collectors, including DefendantPHILLIPS, telephoned Plaintiff BLACK's mother, Annie Black at her residential phone line,248-354-37XX, and left a voice message.

t0. Annie Black's caller ID shows that this was a Georgia call .11. Defendant PHILLIPS's voice message deceptively identified her company as UDPS and not

identify RSB Equity, LLC as calling for Lawrence Black.


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12. PHllLIPS' voice message further informed PJaintifrs mother that the caner's name was CynthiaPhi11ips and that she was looking for ;


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1 1692 e( 11) Communication fail to contain the mini-Miranda warning: This is anattempt to coJlcct a debt... communication is from a debt collector.J 1692e(l4). Any name other than the true name of the debt collector's business.k 1692 d(6) Placed telephone calls without disclosing his/her identity.I l 69 f . Any unfair or unconscionable means to collect or attempt to collect thealleged debt.m. 1692f( I). Attempt to collect any amount not authorized by the agreement creatingthe debt or permitted by law.n 1692g. Failure to send the consumer a 30-day validation notice within five days ofthe initial communication.

Summary45. The above-detailed conduct by Defendants in telephoning Plaintiffs mother and ex-girlfriend,

strangers to the debt, in an effort to collect a debt from BLACK violates numerous and multipleprovisions of the FDCPA, and State law, including but not limited to the above noted FDCPAprovisions amongst others.

46. Plaintiff has suffered actual damages as a result of these illegal coJlection communications by theseDefendants in the fom1 of anger, anxiety, emotional distress, sadness, grieving, fear, frustration,embarrassment, amongst other negative emotions, as well as suffering from unjustified and abusiveinvasions ofpersonal privacy.

Resptmde t Superior iability47. The acts and omissions of Defendants, and the other debt collectors employed as agents by

Defendant who communicated with Plaintiff as described herein, were committed within the timeand space limits of heir agency relationship with their principal, Defendant.

48. The acts and omissions by Defendant and these other debt collectors were incidental to, or of thesame general nature as, the responsibilities these agents were authorized to perform by Defendant incollecting consumer debts.

49. By committing these acts and omissions against Plaintiff, Defendant and these other debt collectorswere motivated to benefit their principal, Defendant.


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50. Defendant is therefore liable to Plaintiff through the Doctrine of Respondeat Superior for theintentional and negligent acts, errors, and omissions done in violation of state and federal Jaw by itscollection employees, incJuding but not limited to violations of the FDCPA, in their attempts tocollect this debt from Plaintiff.

TRI L BY JURY51. Plaintiff is entitled to and hereby respectful1y demands a trial by jury. US Const. amend. 7.

Fed.R.Civ.P. 38.CAUSES OF CTION

COUNT IVIOL TIONS OF THE F IR DEBT COLLECTION PR CTICES CT15 U.S.C. 1692 et seq.

52. Plaintiff incorporates by reference a of the above paragraphs of this Complaint as though fu ]ystated herein.

53. The foregoing acts and omissions of each and every Defendant constitute multiple violations ofthe FDCP A including, but not limited to, each and every one of the above-cited provisions of theFDCPA, 15 U.S.C. 1692 et seq.

54. As a result of each and every Defendant's violations of the FDCPA, a Plaintiff are entitled toactual damages pursuant to 15 U.S.C. l 692k(a){l ; statutory damages in an amount up to

1,000.00 each pursuant to 15 U.S.C. 1692k(a)(2)(A); and, reasonable attorney's fees and costspursuant to 15 U.S.C. l 692k(a)(3) from each and every Defendant herein.

COUNT IIINVASION OF PRIV CY55. Plaintiff incorporates by reference all of the paragraphs of this Complaint as though fully stated

herein.56. Congress expJicitly recognized a consumer's inherent right to privacy in collection matters in

passing the Fair Debt Collection Practices Act, when it stated as part of its findings:


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Abusive debt collection practices contribute to the number of personalbankruptcies, to marital instability, to the loss of jobs, and to invasions ofindividual privacy.15 U.S.C. 1692(a) (emphasis added).

57. Congress further recognized a consumer's right to privacy in financial data in passing theGramm Leech Bliley Act, which regulates the privacy of consumer financial data for a broadrange of financial institutions' including debt collectors albeit without a private right of action,when it stated as part of its purposes:

It is the policy of the Congress that each financial insti tution has an affirmativeand continuing obligation to respect the privacv of its customers and toprotect the security and confidentiality of those customers' nonpublic personalinfonnation.

15 U.S.C. 680l(a) (emphasis added).58. Defendants and/or their agents intentionally and/or negligently interfered, physically or

otherwise, with the solitude, seclusion and or private concerns or affairs of Plaintiff, namely, byunlawfully contacting third parties and disclosing Plaintiffs private financial infonnation to thirdparties, in an attempt to colk'Ct a debt and thereby invading and interfering with Plaintiffsprivacy and familial relations.

59. Plaintiff had a reasonable expectation of privacy in his solitude. seclusion, private concerns oraffairs.

60. The conduct of these Defendants and their agents, in engaging in the above-described illegalcollection conduct against these Plaintiff, resulted in invasions of privacy by these Defendantswhich occurred in a way that would be highly offensive to a reasonable person in that position.

61. As a result of such intrusions and invasions of privacy, Plaintiff is entitled to actual damages inan amount to be detennined at trial from each Defendant.

COUNT IllVIOLATIONS OF THE MICHIGAN OCCUP TION L CODE62 Plaintiff incorporates the preceding allegations by reference.


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63. Defendant RSB and its employees/agents arc collection agencies as that term is defined in theMichigan Occupation Code ( MOC ), MCL 339.90l(b).

64. Plaintiff is a person whom the act was intended protect. MCL 339.916(1).65. Defendants' foregoing acts in attempting to collect this debt against Plaintiff constitute violations

of he Michigan Occupation Code.66. Plaintiff has suffered damages as a result of these violations of the Michigan Occupation Code.67. These violations of the Michigan Occupation Code were willful.

COUNT IVNEGLIGENT HIRING AND SUPERVISION

68. Plaintiff incorporates by reference all paragraphs of the complaint as though fully stated herein.69. Defendant RSB negligently and/or wantonly hired, retained, and supervised incompetent debt

collectors who abused the Plaintiff and is therefore responsible to the Plaintiff for the wrongscommitted against Plaintiff and the damages sustained by them.

PRAYER FOR RELlEFWHEREFORE Plaintiff prays that judgment be entered against each and every Defendant:

COUNT IVIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT15 U.S.C. 1692 et seq.

for an award of actual damages pursuant to 5 U.S.C. 1692k(a)(l) against each and everyDefendant and for all Plaintiffs;

for an award of statutory damages of $1,000.00 each pursuant to 5 U.S.C. 692k(a)(2)(A)against each and every Defendant and for all Plaintiffs;

for an award of costs of litigation and reasonable attorney's fees pursuant to 5 U.S.C. 1692k(a)(3) against each and every Defendant and for all Plaintiffs;

COUNT IIINVASION OF PRIVACY BY INTRUSION UPON SECLUSION


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for an award of actual damages from each and every Defendant for the emotional distresssuffered as a result of the FDCPA violations and invasions of privacy in an amount to bedetermined at trial and for all Plaintiffs; and

for such other and further relief as may be just and proper.COUNT

VIOL TIONS OF THE MICHIG N OCCUP TION L CODE

for an award of actual, treble, punitive and statutory damages from each and every Defendantfor the emotional distress suffered as a result of the Michigan Occupation Code violations in anamount to be detennined at trial and for all Plaintiffs; and

for such other and further relief as may be just and proper.COUNT IV

NEGLIGENT HIRING AND SUPERVISION for an award of actual damages from each and every Defendant for the emotional distress

suffered as a result of the negligent hiring and supervision of its employees; and for such other and further relief as may be just and proper.

Dated: Friday, April 13, 2012Respectfully submitted,REX ANDERSON PCBy: /s/ Rex C. AndersonRex C Anderson, Esq.Attorney for Plaintiff9459 Lapeer RdDavison MI 48423Telephone: 810) 653-3300Facsimile: 866) [email protected])


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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANLAWRENCE BLACK, CASE NO.:Plaintiff, JUDGE:VsRSB Equity Group, LLC and Cynthia Philips,Jointly and Severally, Defendants.REX C. ANDERSON, ESQ. P47068)REX ANDERSON, PCAttorney for Plaintiff9459 Lapeer Road Suite 101Davison, Ml 48423810-653-3300mied@rexanderson c.com

DECLARATION OF PLAINTIFF LAWRENCE T. BLACKLAWRENCE T. BLACK state as follows:

1. I am a Plaintiff in this civil proceeding.2. I have read the Civil Complaint prepared by my attorney.3. I believe that all of the facts contained in it are true to the best of my knowledge, infonnation and

belief fonned after reasonable inquiry.4. I believe that this Civil Complaint is well grounded in fact and warranted by existing law or by agood faith argument for the extension, modification, or reversal of existing law.5 I believe that this Civil Complaint is not interposed for any improper purpose, such as to harass anyDefendant s), cause unnecessary delay to any Defendant s), or create a needless increase in the costof litigation to any Defendant s), named in the Complaint.6. Ihave filed this Civil Complaint in good faith and solely for the purposes set forth in it.7. Each and every exhibit I have provided to my attorneys which has been attached to this Complaintis a true and correct copy ofthe original.8. Except for clearly indicated redactions made by my anomeys where appropriate, I have not altered,changed, modified, or fabricated these exhibits, except that some o the attached exhibits maycontain some of my own handwritten notations.

I declare under the penalty of perjury that the foregoing is trueExecuted on: f / 3 :20/:J

black v rsb equity group llc summons and complaint

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